SULTAN AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave by Sultan Ahmed Khan against the judgment of the Patna High Court, affirming on appeal the conviction of the appellant under Section 5(1)(d) of the Prevention of Corruption Act and Section 161, Indian Penal Code and the sentence of rigorous imprisonment for a period of one year.

(2.) The prosecution case is that the accused appellant was employed as a dealing assistant in the office of the Block Development Officer (BDO), Mashrakh Block, District Saran, at the relevant time. Sobhan Singh (P.W.2), who was a college student in those days had received Rupees 60/- as advanced subsidy in connection with the repair of his well from BDO. A scheme was in operation in those days under which half the cost of repairing a well was met by the Government. Sobhan Singh completed the work of repairing the well and asked for the balance amount of the subsidy. An application was filed by him in the offence of BDO for that purpose. Sobhan Singh met the accused in connection with the payment of the subsidy, but the accused put him off and told him that he (the accused) would do the needful if he was paid bribe of Rupees 5/-. As the accused was not preparing the final bill for payment of the balance of subsidy in spite of the demand of Sobhan Singh P.W. the latter went on October 7, 1964 to the office of the Anti-Corruption Department in Patna. An application was presented to the Additional Secretary of the Department by Sobhan Singh complaining of the demand of bribe of Rupees 5/- by the accused. The statement of Sobhan Singh was then recorded by a Magistrate attached to the department. Sobhan Singh also produced a currency note of Rs.5/- and its number was noted down. Sobhan Singh was thereafter directed to meet DSP Devi Charan Sinha (P.W.21). DSP Sinha then told Sobhan Singh to meet him on the following day at 9 a.m. at Mashrakh Railway Station and to also bring the currency note of Rs.5/-.

(3.) On the morning of October 8, 1964 DSP Sinha organised a police party which included Inspector Raghuraj Singh (P.W.3), Chandrika Prasad (P.W.1). Hira Kishan Ojha (P.W.16), Bhagwat Prasad (P.W.4), all of the Anti-Corruption Department as well as Radha Krishna Prasad (P.W.6), Prabhs Chandra Basu (P.W.5) and Madan Mohan Rail (P.W.7) of the Central Bureau of Investigation. They were all told by DSP Sinha to meet him at Mashrakh Railway Station at 9 a.m. on that day. All the above Police officials met DSP Sinha at Mashrakh Railway Station at 9 a.m. Sub-Inspector Ram Chander Singh Thakur (P.W.9) too joined the party. Sobhan Singh also met DSP Sinha at Mashrakh Railway Station. DSP Sinha then introduced Sobhan Singh to the other members of the party and told them that they had assembled there in connection with the laying of a trap because the accused had made a demand of Rupees 5/- as bribe from Sobhan Singh. Harishankar Singh P.W. was directed by DSP Sinha to accompany Sobhan Singh to the office of the accused and to overhear the talk which took place between Sobhan Singh and the accused. It was also arranged that after the money had been received by the accused. Hari Shankar Singh would give a Signal by trying his handkerchief over his head. The members of the party then proceeded towards the Block Development Office.